IN THE CASE OF:
BOARD DATE: 29 October 2015
DOCKET NUMBER: AR20150001428
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his Separation Program Designator (SPD) Code so that it shows he is eligible for the Transitional Assistance Management Program (TAMP).
2. He states he received orders authorizing his TAMP after his DD Form 214 (Certificate of Release or Discharge from Active Duty) was issued. He adds that he is eligible for TAMP because he signed up for the Reserve on 25 September 2014.
3. He provides:
* DD Form 214
* Orders 362-01, dated 28 December 2014
* Orders 280-01, dated 7 October 2014
* Orders 087-01, dated 28 March 2014
* Enlistment/Reenlistment Documents
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 24 February 2004.
2. Orders 087-01, dated 28 March 2014, show he was reassigned to the transition point with a reporting date of 19 December 2014 and a separation date of 5 January 2015. These orders were later amended to add "Soldier is eligible for Transitional Health Care under Title 10 U.S. Code, section 1145, until 5 July 2015 (180 days after ETS (expiration term of service))."
3. On 25 September 2014, he enlisted in the U.S. Army Reserve (USAR) for a period of 6 years to commence the day after his ETS.
4. On 5 January 2015, he was honorably released from active duty (REFRAD) and credited with completing 10 years, 10 months, and 12 days of active duty (AD) service. His DD Form 214 shows in:
* Item 25 (Separation Authority) Army Regulation 635-200 (AD Enlisted Administrative Separations), chapter 4
* Item 26 (Separation Code) KBK
* Item 28 (Narrative Reason for Separation) Completion of Require Active Service
5. On 8 September 2015, an ABCMR staff member attempted to contact the applicant to clarify exactly what corrections he was seeking to his military records. However, the applicant failed to respond to numerous phone calls or an email request.
6. On 6 October 2015, the Chief, Transition Center, Fort Stewart, GA stated she contacted the Identification (ID) Card Section and the applicant's record was entered into the system for the Transitional Assistance (TA)-180 benefits, which included 180 days of medical and 2 years of post exchange and commissary privileges. Although the TA-180 Card was in the system, he was never issued the card and was issued his Reserve ID card instead. She said the ID Card Office will usually issue the TA-180 Card first, and once it expires the Soldier can receive the Reserve ID Card.
7. Title 10, U.S. Code, section 1145, states, in pertinent part, that transitional health care provides 180 days of transitional health care benefits to help certain members of the uniformed services and their dependents transition to civilian life. The member and dependents of the member may be covered for health benefits under TAMP if the member is:
* involuntarily separated from AD
* a member of a Reserve Component who is separated from AD service in support of a contingency operation (an AD period of more than 30 days)
* separated from AD after being involuntarily retained in support of a contingency operation
* separated from AD following a voluntary agreement to stay on AD for less than one year in support of a contingency operation
* separated from AD with an agreement to immediately become a member of the Selected Reserve of the Ready Reserve
* receives a sole survivorship discharge
8. Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities, reasons for separating Soldiers from AD and the SPD codes to be entered on the DD Form 214. This regulation provides that SPD code KBK applies to persons who were voluntarily discharged after completing their required active service.
9. The Transition Assistance Program (TAP) Benefits and Services Matrix provides a list of TAMP eligible SPD codes. This document show KBK as one of the SPD codes which authorizes TAMP benefits.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was voluntarily discharged from active duty after completing his required active duty service obligation. He was assigned an SPD code of KBK which is consistent with Army Regulation 635-5-1 as cited in paragraph 7 of this document. Therefore, it appears that his SPD code of KBK is correct as constituted.
2. The evidence of record further shows he was entitled to 180 days of TAMP. Information obtained from the Chief, Transition Point indicates that benefits under TA-180 were inputted into the system and were available. However, it is unknown why the applicant elected not to apply and/or receive his TA-180 card prior to receiving his Reserve ID Card.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ___x____ ___x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ x _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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